HomeMy WebLinkAboutX-E-02 National Class Action Settlements - PFAS
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: October 16, 2023
Item: National Class Action Settlements - PFAS
Council Actions Requested:
Informational only; no action recommended tonight.
Background Information:
Recently, multi-district litigation against 3M and DuPont has resulted in two proposed class action
settlements being overseen by the US District Court in South Carolina. These national settlements are
approximately $10.5B to $12.5B by 3M and $1.2B by DuPont. The amounts will be reduced by legal
costs, fees, and administrative costs. Settlement payments would be paid over 9 years.
The City of Hastings, as a public water system that has PFAS, is eligible to participate in the
settlement. Under the settlement “calculator,” Hastings would receive about $1.5M – far less than the
estimated $69M to construct three treatment plants plus operation and maintenance of $800K to $1M
per year, increasing over time.
Participation in the class action settlement would preclude the City making additional claims against
3M and DuPont.
Next month, I will recommend the City affirmatively opt out of the settlement. The opt out deadline
for the DuPont settlement is December 4, 2023. The opt out deadline for the 3M settlement is
December 11, 2023. If the City does not affirmatively opt out, the City will automatically be included
in the settlement.
Financial Impact:
N/A
Attachments:
N/A
X-E-02